University Policy 8.8
Protection of Minors and Abuse Reporting
Policy Introduction
Cornell University is committed to creating and maintaining a safe and ethical environment for Minors and has a zero-tolerance policy for any Abuse, Sexual Abuse, Maltreatment, or other improper conduct directed at such individuals.
To Whom This Policy Applies
This policy applies to:
- All Programs operated by the University that are designed to serve Minors, whether held on University Premises, at non-University locations, or conducted virtually, aside from the exceptions noted below.
- Third Parties operating Programs for Minors on University Premises.
- All Authorized Persons participating in the above Programs for Minors, aside from the exceptions noted within.
This policy does not apply to:
- Events that are open to the public or to the Cornell community that are not targeted solely to Minors.
- Private events where Minors attend under the supervision of their parent/guardian.
- The undergraduate admissions application process, related information sessions, or official University admission tours led by Cornell employees and/or undergraduate student ambassadors.
- Minors who are receiving patient care in clinical spaces at Weill Cornell Medicine, which is subject to separate policies and procedures.
- Independent (external) Student organizations participating in Programs with Minors off University Premises.
- Prospective student athlete visits to the University, which are subject to NCAA regulations.
- Licensed childcare centers, which are subject to regulation and oversight by the New York State Office of Children and Family Services.
- Matriculated Students (from any institution) who are under the age of 18 (please refer to Policy 6.4: Prohibited Bias, Discrimination, Harassment, and Sexual and Related Misconduct- see section 6.0 below).
- Minors who are employed by the University or by an external entity located at the University (please refer to Policy 6.4: Prohibited Bias, Discrimination, Harassment, and Sexual and Related Misconduct- see section 6.0 below).
- University research involving participants under the age of 18, which is governed by Institutional Review Board processes.
- Unsolicited visits by Minors to the University unassociated with attendance at a Program (e.g., patronizing publicly available University facilities), even when that Minor is unaccompanied by a parent, guardian, or chaperone.
Cornell University expressly prohibits the operation of any Program involving Minors that does not adhere to these policy requirements, the procedures outlined in the Protection of Minors and Abuse Reporting Compliance Manuals (see section 6.0 below) as well as federal, state, and local laws and regulations regarding Minors. Any questions about whether the policy applies should be directed to the Children and Youth Safety Office and/or Risk Management and Insurance prior to the Program’s commencement. The Children and Youth Safety Office is responsible for approving Programs for Minors, and only the Children and Youth Safety Office may waive the requirements of this policy.
1.0 Policy Principles
Please note that detailed information on compliance with these principles can be found in the Protection of Minors and Abuse Reporting Compliance Manuals specific to each campus (see section 6.0 below). The following principles are expected to be adhered to by all Programs to whom this policy applies:
1.1 Registration
Program Directors or a designee are required to register their Program with the Children and Youth Safety Office annually and at least 30 days prior to the start of the Program.
1.2 Supervision
All Programs for Minors must ensure adequate supervision of Minors. Programs that have Custodial Care of Minors must meet the minimum required supervision ratios (see section 6.0 below) for the duration of the Program and must maintain supervision at a level that deliberately minimizes the frequency of private one-on-one contact between Authorized Persons and Minors.
1.3 Consent
A consent and release form must be collected for:
- Overnight Programs.
- Any day Programs during which Minor participants will not be accompanied by a parent/legal guardian or other chaperone.
- Any Programs where Minors will be visiting areas of the University that are not open to the public.
- Any Programs where Minors will be participating in hands-on activities in labs, shops, studios, or athletic facilities.
Authorized Persons are prohibited from photographing, filming, or otherwise recording a Minor without the prior written consent from the parent/legal guardian. Medical and transportation releases may be required commensurate with the type of Program being offered. All release forms will be provided by the Children and Youth Safety Office and the terms of these forms may not be altered.
1.4 Behavioral Expectations for Youth Participants
Programs that have Custodial Care of Minors must have a clear set of rules of conduct for participants that expressly prohibits peer-on-peer sexual activity and Abuse and includes an explanation of potential discipline in the event of non-compliance. These rules must be made available to all participating Minors and parents/guardians prior to the start of the Program.
1.5 Mechanisms for Participant Feedback
Programs that have Custodial Care of Minors must have mechanisms in place for participants and their families to report any safety concerns, including Abuse, Sexual Abuse, Maltreatment, Child Molestation, or Sexual Misconduct, as well as any inappropriate or suspicious behaviors that may not rise to the level of Abuse.
1.6 Safety Plan
Programs that have Custodial Care of Minors must develop a safety plan that includes emergency response procedures, a communication plan, and plans to maintain supervision of Minors during an emergency. A template for this safety plan may be found in the University’s Protection of Minors and Abuse Reporting Compliance Manual (see section 6.0 below).
1.7 Check-In/Check-Out Procedures
Programs with Custodial Care of Minors must have established check-in/check-out procedures to maintain attendance records and to ensure Minors are only released to the parent, legal guardian, or other adult authorized to pick up the Minor.
The following principles are expected to be adhered to by all individuals to whom this policy applies:
1.8 Screening and Selection Methods
The following principles are expected to be adhered to by all individuals to whom this policy applies:
Program Directors must ensure that Authorized Persons have been screened in accordance with the criteria and frequency required by Risk Management and Insurance and the Children and Youth Safety Office before allowing those individuals to participate in that Program. All Authorized Persons who have Direct Contact with Minors in Programs (including virtual or electronic contact) are required, at a minimum, to clear a criminal background check and sex offender registry search prior to interacting with Minors in that Program. Individuals who may have Incidental Contact with Minors are not required to complete a background check. The requirements of this policy prevail over any less rigorous requirements in Policy 6.6.2 Reference Checks, Information Verification, and Background Checks (see section 6.0 below) for University employees who have Direct Contact with Minors. Third Parties: Third Parties are responsible for procuring and reviewing background checks consistent with the above requirements.
1.9 Training
All Authorized Persons who will have Direct Contact with Minors (including virtual or electronic contact) are required to complete annual training in the recognition, prevention, response to, and reporting of Abuse prior to participation in the Program and are expected to understand and implement the information presented in this training. Individuals who may have Incidental Contact with Minors are not required to complete this training but are, nevertheless, strongly encouraged to do so. Third Parties may utilize Cornell University’s training or provide their own, provided it meets the minimum requirements outlined above.
1.10 Standards of Behavior for Authorized Persons
Authorized Persons participating in a Program with Minors must adhere to the behavioral standards promulgated and maintained by Risk Management and Insurance and the Children and Youth Safety Office (see section 6.0 below). All Authorized Persons will receive a copy of these behavioral standards and required to attest that they have read and understood them.
1.11 Incident Reporting
Authorized Persons must immediately file an incident report with the Children and Youth Safety Office for all instances of illness, injury, accidents, and/or Abuse (see section 1.12 below) involving Minors.
1.12 Reporting of Known or Suspected Abuse or Maltreatment
All Program Directors and Authorized Persons have an obligation under this policy to report if/when they have knowledge of or Reasonable Cause to suspect any of the following:
- Abuse
- Sexual Abuse
- Maltreatment
- Child Molestation
- Sexual Misconduct
- Inappropriate or suspicious behaviors that may not rise to the level of Abuse (including, but is not limited to, any violation of the Standards of Behavior for Working with Youth)
- Peer-on-peer sexual activity or Abuse Follow these steps to make a report:
- If the Minor is in immediate danger dial 911; then
- Immediately report to campus police or security office AND the Children and Youth Safety (CYS) Office (contact information included at the end of this policy).
- Ithaca Campus: Contact Cornell Police (607-255-1111) and CYS Office.
- Cornell AgriTech: Contact local law enforcement and CYS Office.
- Cornell Tech: Contact Campus Safety & Security (646-971-3611) and CYS Office.
- Weill Cornell Medicine-NYC: Contact WCM Security Office (212-746-0911) and CYS Office.
- Non-Cornell owned/off-campus locations: Contact CYS Office for guidance.
Campus police or security office and the Children and Youth Safety Office shall promptly notify law enforcement and/or any governing agency required to receive such reports, as well as any relevant departments within Cornell University, including Risk Management and Insurance, Clery, and Title IX.
University Reporting Officers who become aware of any allegations, concerns, or suspicions of Abuse or Maltreatment are obligated to follow this policy and additionally report to Risk Management and Insurance for disclosure to the University’s insurance carriers.
This policy does not replace any obligations that New York State Mandated Reporters have under state law. Those individuals considered Mandated Reporters are obligated to follow this policy and follow their obligations under New York state law to report to the Statewide Register for Child Abuse and Maltreatment. (See section 6.0 below for more information).
1.13 Incident Response
All reports of suspected Abuse, Sexual Abuse, Maltreatment, Child Molestation, Sexual Misconduct, suspicious behavior that does not rise to the level of Abuse, and peer-on-peer sexual activity and Abuse will be taken seriously and will undergo a thorough investigation led by a skilled and impartial investigator. Program Directors and Authorized Persons must cooperate with all internal and external investigations.
1.14 Third Parties
Third Parties who operate Programs for Minors on University Premises are subject to the above policy requirements. For detailed information on policy compliance, see webpage. Third Parties may not operate Programs on University Premises without an appropriate contractual agreement that includes compliance with this policy as a material term of the contract. Such contracts must also include an indemnification provision in which the University is held harmless for acts or omissions arising from or related to the Third Party’s Program and use of University Premises. Executed agreements must be provided to the Children and Youth Safety Office at least thirty days prior to the scheduled use of Cornell facilities. Contractual agreements must also require Third Parties to maintain insurance coverage as outlined on the Risk Management and Insurance website (see section 6.0 below).
2.0 Responsibilities
2.1 Responsible Office
Risk Management and Insurance is primarily responsible for the oversight of the University’s Protection of Minors and Abuse Reporting Compliance Manuals (see section 6.0 below), this policy, and has authority to take necessary steps for the protection of Minors in any Program including, but not limited to, reviewing and amending contracts, prohibiting individuals from participation based on background check results, and inspecting, curtailing, or even canceling any Program.
The Children and Youth Safety Office is the first point of contact for policy interpretation and clarification and provides a point of contact for any allegation of inappropriate behavior with a Minor. The Children and Youth Safety Office facilitates youth Program registrations, approves Program structures, provides consent and release forms, works with units and organizations to assist with policy compliance, provides resources to Programs affected by this policy, and monitors compliance with policy requirements. The Children and Youth Safety Office, in collaboration with an advisory committee of Program Directors, is also responsible for conducting an annual review of this policy to ensure the purpose and goals of the policy are still relevant, to determine if the policy is reflective of current state, federal, and local laws and regulations, and to determine whether changes are required to improve the effectiveness or clarity of the policy or procedures. The Children and Youth Safety Office is not responsible for determining which Authorized Persons have Mandatory Reporting obligations under New York state law or which Programs are required to apply for a camp permit from the New York State Department of Health but can provide resources and guidance.
2.2 Cornell University and Weill Cornell Medicine Management
Responsible for having the knowledge of the information in this policy and the University’s Protection of Minors and Abuse Reporting Compliance Manuals (see section 6.0 below). University Management requires that everyone working under their authority follows all policies, processes, and procedures required by Risk Management and Insurance and the Children and Youth Safety Office.
2.3 Individuals
All individuals who participate in Programs with Minors are responsible for working with their Program Director to ensure they are registered as an Authorized Adult for the Program in the registration system and to complete the requirements assigned to them including, but not limited to, background checks and training. Program Directors are responsible for ensuring that Authorized Persons are compliant with this policy prior to engaging with Minors in a Program. Individuals and Programs to whom this policy pertains are responsible for knowing whether they have obligations as New York State Mandated Reporters or under New York State Department of Health regulations. More detailed processes and procedures may be found in the Protection of Minors and Abuse Reporting Compliance Manuals (see section 6.0 below). Individuals are responsible for consulting the Children and Youth Safety Office whenever questions arise.
3.0 How to Report a Concern
The Cornell Ethics and Compliance Hotline is the primary mechanism to confidentially or anonymously report ethics, integrity, or compliance concerns to the University. Other reporting options are also available if a report implicates multiple concerns including those outside of Policy 8.8. Such reporting, however, is not a substitute for the reporting obligations outlined in this policy in cases of known or suspected Abuse or Maltreatment.
Youth and their families who have concerns about a Program or Authorized Person(s) should visit the Youth Safety webpage.
4.0 Record Retention
Records associated with this policy shall be maintained by the Children and Youth Safety Office. Records for each Minor will be retained until four years after the Minor reaches 18 years of age. Other records shall be retained or disposed of in accordance with University Policy 4.7, Retention of University Records (see section 6.0 below).
5.0 Compliance
University Compliance, University Audit, and others may audit or investigate to assess compliance with this policy. Non-compliance with university policies is addressed in accordance with applicable policies and procedures and is subject to progressive disciplinary action up to and including termination.
Children and Youth Safety Office Site Visits: To promote compliance with this policy, the Children and Youth Safety Office will, at its discretion, conduct site visits of Programs. Programs must cooperate in site visits and share collected information to ensure the safety and security of the Minors in the Program. Programs found to have violated the compliance elements of this policy may be subject to a delay in Program start, removal of Authorized Persons from positions which include interaction with Minors, cancellation of the Program, or revocation of the ability to hold such Programs in the future. Student organizations found to have violated the compliance elements of this policy risk the loss of organizational funding and/or recognition from Campus Activities and Sorority & Fraternity Life.
7.0 Definitions
| Term | Definition |
|---|---|
| Abuse |
Any act committed by a person legally responsible for the care of a Minor that results in physical or emotional injury or creates a substantial risk of physical or emotional injury. |
| Authorized Persons |
Any individuals, paid or unpaid, who interact with, instruct, supervise, chaperone, or otherwise oversee Minors in Program activities. Authorized Persons include, but are not limited to, Cornell’s faculty, staff, volunteers, graduate and undergraduate students, interns, employees of temporary employment agencies, and independent contractors/consultants. The Authorized Person’s roles may include positions such as, but not limited to, counselors, chaperones, coaches, mentors, tutors, or instructors. |
| Child Molestation |
Any actual or alleged illegal or otherwise wrongful sexual conduct with a Minor. |
| Custodial Care |
Any situation in which an Authorized Person assumes temporary responsibility over a defined time period for the supervision of a Minor, for the purpose of the Minors engaging in a youth program/activity. |
| Direct Contact |
Includes any individual, regardless of location, who:
Note that Direct Contact includes in-person, virtual, and electronic contact. |
| Incidental Contact |
Includes any individual who:
Examples of individuals who have Incidental Contact with Minors includes, but is not limited to, guest speakers, lecturers, presenters, field trip tour guides, contest evaluators, scorekeepers, judges, or moderators. |
| Maltreatment |
Any failure of a person legally responsible for the care of a Minor to exercise the minimum degree of care in providing the child with any of the following: food, shelter, education, or medical care when financially able to do so. Maltreatment also includes the abandonment of a Minor or not providing adequate supervision of a Minor. |
| Mandated Reporters |
A professional who is required by New York state law to report suspected child abuse and neglect. Mandated Reporters include doctors, nurses, teachers, peace and police officers, mental health professionals, childcare workers, and some state employees. See the summary guide linked in section 6.0 herein for more information. |
| Minor |
Any person under 18 years of age who is not, for the purpose of this policy, (a) a Student as defined herein, or (b) an employee of the university. |
| Program |
An organized activity or set of activities designed to include Minors offered by various academic or administrative units of the University, student organizations, or Third Parties using University facilities. This includes, but is not limited to, academic or recreation activities, day camps, workshops, sports or coaches’ camps, residential programs, commuter programs, conferences, and internships. Programs may take place on or off University Premises or virtually. |
| Program Director |
Individual responsible for the management of a Program, whether or not that individual has another job or position title. |
| Reasonable Cause |
According to New York state law, reasonable cause means that you have logical reason to believe that a youth is being abused or maltreated; it does not mean that you must be certain or have proof. This can be based on witnessing a single incident, something a child says to you, an implausible explanation for an injury, or a combination of warning signs. Note that the training that Authorized Individuals are required to complete goes into the signs and symptoms of Abuse and Maltreatment in detail. |
| Sexual Abuse |
Any actual or alleged child molestation or serial Sexual Misconduct with a Minor. |
| Sexual Misconduct |
Any actual or alleged sexual harassment, child molestation, sexual assault, sexual abuse, or wrongful sexual conduct. |
| Student |
Undergraduate, graduate, medical, veterinary, and professional students upon their commencement of attendance, defined as the earliest day of: the first day of the term for which they were admitted; their first day residing in a University residence hall; the first day of a University-sponsored pre-orientation trip, activity, or academic program for which they are participating; or on the first day of a graduate assistantship for the first term for which they were admitted. Individuals participating in non-credit bearing programs or who attend class(es) on a non-credit basis, and individuals who attend class(es) at the University on a for credit-basis while still an elementary, middle, or high school student, or foreign equivalent, are not students for the purposes of this policy. |
| Third Party |
An organization, entity, or individual that is legally distinct from the University. |
| University Premises |
All buildings or properties that are owned, operated, managed, or legally controlled by Cornell University. |
| University Reporting Officer |
This is different from a mandated reporter under New York state law. A position equivalent to any of the below at Cornell University who is required to report suspected abuse, molestation, neglect, misconduct, or maltreatment involving minors to the University’s commercial general liability insurance carrier:
Weill Cornell Medicine Reporting Officers:
|
| Volunteer |
Uncompensated individuals who perform services directly related to the business of the University, to support the activities of the University, or to gain experience in certain endeavors. Please note that Volunteers must also abide by policy 6.5 University Volunteers, linked in section 6.0 above. |
8.0 Responsible Office and Policy Administration
| Policy Clarification and Interpretation | Contact | Phone | Email/Web Address |
|---|---|---|---|
| Risk Management and Insurance | Nakeschi Watkins | (607) 254-1576 | [email protected] / Risk Management and Insurance |
| Children and Youth Safety Office | Alyson Murphy | (607) 255-9062 | [email protected] / Children and Youth Safety |
9.0 Responsible Executive
| Unit | Title |
|---|---|
| Responsible Executive | Executive Vice President and Chief Financial Officer |
10.0 Revision History
| Date Issued: | June 26, 2020 |
|---|---|
| Date of Full Review: | June 20, 2024 |
| Date Last Updated: | July 1, 2024 |
| Revision Notes: | Substantial Revision - transfer to new template and HTML. |